Acórdão nº 0045202 de Supremo Tribunal Administrativo (Portugal), 12 de Março de 1992 (caso None)
| Magistrado Responsável | NORONHA NASCIMENTO |
| Data da Resolução | 12 de Março de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART220 ART286 ART289 ART293 ART410 ART411 ART875. LSQ ART29.
Jurisprudência Nacional: ASS STJ DE 1985/03/13 IN BMJ N345 PAG149. ASS STJ DE 1987/10/22 IN BMJ N370 PAG536.
Sumário: I - A formalidade imposta pelo n. 2 do art. 410 do CC - redução a escrito da promessa - não se destina a facilitar ou corroborar a prova da existência do contrato; destina-se a incorporar a consensualidade das partes, expressa no acordo a que chegaram. II - Trata-se de uma formalidade ad substantiam e não ad probationem pelo que a violação dessa formalidade acarreta a nulidade do negócio, que é de conhecimento oficioso. III - Para que uma...
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